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Birth Defect Litigation

Parents want perfect children however, there are some injuries that occur out of their control. Families are left with huge debts when these injuries require costly procedures and special treatment.

A New York birth defect lawyer can assist parents who are shocked to file claims and receive compensation to cover the cost of future expenses. The law has strict time limitations on when claims can be filed.

Statute of Limitations

Modern technology and medical advancements have aided in reducing the risks related to pregnancy, childbirth and birth. However birth defects and injuries still occur. Families must consider their legal options if they can be prevented.

Many birth defect lawsuits are stemming from accusations of medical malpractice. These cases may involve errors made by doctors or nursing staff at any stage of labor, birth and pregnancy. Additionally medical professionals could be guilty of medical malpractice following the birth of a child, by failing to provide the proper treatment.

In general, the statutes of limitations for these cases are 2.5 years from the date of the medical mistake. For infants, this period may be extended. It is important to consult an attorney whenever you can to ensure that all evidence is gathered and that a timely complaint be filed.

In addition to medical malpractice, a lawsuit may also be filed on behalf of an infant for birth defects that result from wrongful exposure to chemicals and toxic substances that occur during the mother's pregnancy. Lawyers specially trained in birth defects can investigate and pursue these claims on behalf of the family.

Parents should be aware of the following characteristics when choosing an attorney to represent them in a lawsuit involving birth defects or birth injuries:

Medical Malpractice

Birth defects can cause many physical or mental problems. Some birth defect law firm defects can be fatal. Some of these problems are caused by genetics, while others are due to exposure to environmental factors or the use of prescription drugs during pregnancy.

A doctor or medical professional may be accused of negligence if they cause birth defects through their actions or inaction. Most cases involve medical negligence during labor or delivery. They may also involve any other be in compliance with a standard of medical treatment, for instance, failing to diagnose an illness or prescribing the wrong medication during pregnancy.

One example of this type of case is a medication called teratogens, which can cause serious birth defects. In the course of pregnancy, doctors generally advise women to avoid taking this medication, which is commonly used in the treatment of seizures. If a woman is exposed to the drug she must submit a claim.

It is important to choose an attorney with experience handling these types of cases. Look for a law firm that is experienced in this area, and works on a contingency basis, so you won't have to pay a dime unless you succeed. Choose an attorney with excellent communication and negotiation skills. This will help to ensure that you file your claim before the time limit expires.

Prescription Drugs

Many birth defects result in physical or mental disabilities, that require costly medical treatment and accommodations for the child. These issues are often caused by genetics, but can also be caused by environmental or chemical exposure, or by medications taken by the mother during pregnancy.

Drug manufacturers are required to test their products correctly and inform the public about any potential risks. Unfortunately, some pharmaceutical companies fail to keep up-to-date with current research or fail to anticipate potential side consequences. Some doctors recommend dangerous drugs to their patients, and some women aren't aware of the risks associated with taking certain medications while pregnant. These drugs are known as teratogens. They can cause birth defects in the fetus including spina bifida.

Other substances that can cause birth defects are chemicals used in the agricultural and manufacturing industries, and heavy metals like mercury that can contaminate groundwater or air. Diane Paolicelli has dedicated her legal career to fighting powerful corporations that expose women to toxic chemicals and substances that could harm their reproductive health and cause birth defects.

It is crucial to collect as many evidences as you can before filing a suit against the responsible parties. Included in this are ultrasound images as well as blood tests and medical bills incurred due to. This information can help attorneys determine the worth of the case.

Product Liability

Pregnancy is among the most exciting and anxiety-inducing experiences in women's lives. However, it's also a time where medical professionals often make mistakes that can cause birth defects. A reputable attorney can assist parents in submitting a claim and obtaining the compensation they deserve against those who are responsible for the impairment of their child.

Although the causes of birth defects are often unknown to medical experts but a large proportion of birth defects are linked to environmental or chemical exposure. This can include parental exposure to toxic chemicals at work such as glycol ethers and solvents in semiconductor manufacturing, as well as agricultural chemicals used in pesticides and crop spraying.

In addition, the manufacturer and the people who prescribe prescription medications have a responsibility to warn people about the risks. However, a lot of these drugs are marketed off-label to women of childbearing age without adequate warnings about the possibility of birth defects. This is especially applicable to antidepressants, such as Prozac and Zoloft.

Christian Uehlein is a partner with Thornton Law Firm. He represents plaintiffs in birth defect lawsuits against pharmaceutical and chemical companies. He concentrates his practice on cases involving the occurrence of birth defects resulting from exposure of parents to toxic chemicals, which includes those used in semiconductor manufacturing and agriculture. He graduated from American University in Washington, D.C. and Suffolk University Law School.